DonH

My nearly 90 year old Mother is a surviving spouse of a retired Air Force military retiree and my father was also a disabled veteran on scheduler (sp). She qualified for DIC and military spousal income. However, at that particular time nearly 10 years ago, my mother was told she could not receive both. In that type scenario because both type spousal support comes out the same pot so it comes down to which is determined to be the most beneficial under adverse circumstances. She has TRICARE and Social Security MEDICARE. I called once to inquire if she fell under the banner of being a GOLD STAR WIFE. She did. When I made inquiry, about 3 years ago, there were no special incentives for Gold Star Wives in my mother's particular circumstances. My father served in both the Korean war and the Vietnam War. His service connected disabilities rendered him 100% disabled. My mother was devastated upon losing my father. She lost touch with reality to lose her memory and eventually slipped into Alzheimer.......mild to moderate; now more severe. She is in an assisted living facility. Up until the time frame before COVID hit, she was still very talkative and sociable. Not so much, now. My Younger brother handles her affairs.

Berta, I told Dr. Bash about the Colorectal cancer having already occurred prior to the Prostate Cancer being discovered. He discussed the fact of the relationship of both cancers.... as related and precipitating the other. in his IMO, he pinpointed the relationship. And he further discussed the factors of AO "direct" exposure causation of cancer, etc. I also forwarded medical notes/diagnosis for his perusal. Dr. Bash told me the specifics of what he needed to read though. I mentioned the other denials and the new ALS diagnosis. Dr. Bash thought it more efficient to address the major points of the overall denials within the BVA. He also thought it would take another IMO for ALS at a follow-up date once claim had been filed. I'm very well pleased with Dr. Bash's contribution. I am dismayed regarding how BVA hoodwinked us to make a decision early prior to the deadline of the 90 days for us to get new evidence submitted. And, then, upon submitting, BVA forwarded the new evidence to get buried at Janesville, WI. And nobody from Janesville, WI or elsewhere, ever responded to the new evidence presented prior to the deadline of the 90 days. Seemingly, to just not act upon it as a strategy to continue to deny. Dr. Bash encouraged to send the new evidence to all points regardless of BVA jumping the gun to make a decision prior to the 90 days' deadline for submitting new evidence. He was confident that the situation would eventually right itself. Our Agent had recently lost spouse, another AO Exposed Vet, and soon afterwards her father passed away during this tailspin. I knew sensitivity to another's hardships was required. I will, however, get back on the horse to speak earnestly to jumpstart the Unresolved BVA Claim and lodge a new one for the ALS Variant. I have to always ensure my veteran husband is in a "move forward mood". He tends to not want to open up new scenarios since he's already 100%. He easily gets flustered and wants to give up. Berta, when I post to express what is going on with my husband's VA Claim, I'm not trying to impose upon you and others to do the work for us. I'm posting so in order to get input from others who may have had similar VA experiences. It is true we do have an Agent. Yet, I still like to be in the know about what others have done in similar situations. There are times I will share what i learned from others as a path forward when discussing what is occurring with my husband. I share with my husband and with the Agent something I have learned from reading your posts in particular, Berta; as well as from some other Veterans' posts and from the podcasts, too. I've taken note of the phone numbers; email addresses; and suggested follow-up actions. Thank you so much for being so thoroughly knowledgeable about the ins and outs of the VA and for caring about Veterans and their illnesses/issues. God speed.

Berta, Yes. This shows our last BVA. My husband was granted an initial rating in excess of 30 percent for PTSD. He was granted an increase up to 50 percent. Yes. He was also granted Entitlement to a total disability rating based on individual unemployability (TDIU). *Total No to Entitlement to service connection for rectal carcinoma, to include as due to herbicide exposure. IMO written. New evidence presented before 90 days ended. BVA Never responded to new evidence because they made a decision too soon before 90 period ended. BVA forward to Janesville, WI. We never heard nothing. Total No to Neuropathy. Even though he has been granted Dibetas2 (10%) at the regional/local level. No to increase in hearing loss. (My husband cannot hear unless he's facing you to look you squarely in the face). My husband can no longer operate the small little devices on his hearing aid because he has lost the use of his right hand. My husband's ALS Variant was diagnosed in the intervening time we were waiting on the results of the BVA. *Total No to Helpless Child claim (Been pursuing since mid 1990-to early 2000's). IMO written. New evidence presented before 90 days ended. BVA Never responded to new evidence because they made a decision too soon before 90 period ended. BVA forward to Janesville, WI. We never heard nothing. No to Neuropathy claim all together. Even though he has been granted Diabetes 2 at the Regional level.

Berta, The knowledge based information you give is outstanding! I feel comfortable sharing on this site and receiving feedback according to my husband's ailments and circumstances. Yet, hoped that I've remained in good faith to seek insight and clarification from those who have been there and done that. But, yet, simultaneously, I have not sought to have any complaints filed against anyone. Thanking you kindly if you keep my preference not to do so according to anything I have shared. If I am sounding like a broken record and driven you to your wit's end by being to whiney and redundant, I truly apologize. Hoping you forgive me.

Filed claim for his Colon Cancer in 2011. Filed for Prostate Cancer in 2015. Began filing on PTSD; neuropathy; shrapnel scarring; arthritis; headaches; and for our son's condition in the 1990's (mid to late 1990's). Actually, all the denials for prior neuropathy and arthritis claims were identified as existing conditions within VA testing done to conclude the ALS Variant (Monomelic Amyotrophy). However, VA doctors cannot make referrals for compensation. Their written notes within the Veteran's files serve as a goldmine for outside doctors who write IMO's.

Yes. My husband has an ALS Variant (Monomelic Amyotrophy). It's in his medical records, since he's already 100%, we never actually officially filed on it. However, if it will solidify future claims. The information you shared is extremely helpful. Yes, my husband does have high blood pressure.

Hello Berta, I haven't posted in awhile. Now, about Nehmer Agent Orange Widow: This widow obviously had a Nehmer Agent Orange claim? How does one determine a Nehmer Agent Orange Claim to warrant DIC even if your veteran husband wasn't 100% disabled for 10 years? Our Agent told me the same thing. Our Agent told me that if my husband passed away before I did, and I became widowed prior to his being 100% for 10 years, I would not get DIC. My husband has been 100% since 2015 (Prostate Cancer). How does a widow know whether she has a Nehmer AO Claim? Our Agent is someone we have known for years through my husband's family so I have to tread water, carefully. Even though there are some scenarios I have not always viewed likewise; especially, regarding an appeal scenario. I realize I'm just the wife so I don't want to seem/be too pushy and buttinsky. And, Lord forbid, I certainly don't want to cause any hard feelings. My husband doesn't want to rock the boat. So I'm kinda stuck in the middle with no paddle. If only I could call someone myself to have them look at the Bum-rushed shenanigans enacted by BVA and the office in Wisconsin by the manner both entities sidelined new evidence submitted prior to the 30 days deadline/even though BVA made a rushed decision prior to the 30 day deadline. We still mailed our new evidence via certified mail (Expert Medical Opinions *2 IMO's (Dr. Bash and an Associate of Dr. Bash) to Washington DC. Mysteriously, however, our new evidence was sidetracked to Wisconsin(???). The return Green Card exhibited it was signed by intake in Wisconsin. I thought that so eerily odd because I wrote the Washington DC address on our envelope containing new evidence. We faxed. And, if memory serves correctly, we emailed to an email address Dr. Bash gave us. It feels conspiratorial like we've been tricked into losing. I'm getting too worked up and getting off track.....I do want to know more about the Nehmer AO Claim. Included within the Appeal was the challenge of VA's denial in 2011 of my husband's colon cancer as AO related as being presumptive. Dr. Bash provided an IMO rebuttal to VA's denial of Colon Cancer as being AO presumptive in 2011/new evidence that got diverted to Wisconsin....never heard back from them. The Other IMO had to do with Psychologist's medical opinion about our son's condition being AO related through my husband. Even after our family doctor wrote his medical opinion prior to the IMO.....In fact on the Remand back to Regional/local-Houston, BVA had previously requested a medical opinion from our family doctor. Our family doctor who has known all our children since they were little children. Yet, our family doctor's opinion still wasn't good enough for the Region/local nor BVA after requesting it in the first place. IMO/new evidence that got diverted to Wisconsin..... Once our new evidence certified mailed with return green card to Washington, DC was magically diverted to Wisconsin. We never heard back from them. So, then, I'm definitely needing to understand what exactly is a Nehmer AO Claim?

I'm thinking that is a possibility that perhaps some information that is being ignored due to purposefulness.... My husband began in the mid 1990's on some of his illnesses PTSD intertwined with heavy drinking,. It frightened the be Jeepers out of him when they told him he would have to endure a recreated Vietnam Experience as a setting to evaluate him ( I understand they no longer do this anymore. To avoid being put through this, he didn't go back to the VA for awhile..... Around the early 2000's he filed again on PTSD.....[again ignored. Somewhere around the early to mid 1990's prior to 18 from days of a child of 8 or 9 (Bipolar, Schizophrenia or the combination of the two is difficult to pinpoint identify in young children because looking back, there were signs we just didn't know what it was called. Illnesses like Bipolar and Schizophrenia exhibits different from adults) It was mentioned at some earlier point to VA; It was ignored. .It is typically the teenaged years that heighten over the years to full blown mental health issues not occurring in younger children as recognizable to identify Then at the encouragement of my late father (military retired and disabled veteran), my husband went to VA 2011 due to extreme weight loss; falling down; heavy drinking, I was still working at the time . I ended up leaving my job mid way through 2011/ I wouldn't know what to expect when I got home,. Quite a few times, I'd find him on the floor where had fallen. he retired early because he had become so combative; he was not getting alone with folks on the job due to too many bosses and not enough workers. Emerging unsafe working conditions aggravated his anxieties ----- During the prior years of working he had worked in a control environment with just a few people with a commitment to safety. As years went by the company's changing ownership and the practice began assigning more people to work on a shift; then ownership changed for the company and the company began cutting corners and taking unsafe risk. My husband began being caught too many times in precarious situations reminding him too much of Vietnam whereby the Grace of God, was his saving grace. The final straw occurred while he stood on top of a large piece of equipment whereby unsafe conditions existed for an explosion' at any moment! That was the day he put in paperwork to retire. Additionally, my husband was treated shabbily by VA because he had a coexisting alcohol problem. VA was always low balling his PTSD and denying his Neuropathy claims because VA made scoffing snide put-down comments and cited alcohol related in lieu of an aggravation being triggered by PTSD. I'm thinking as you surmised, there is a possibility that perhaps some information that is being ignored purposefully.

Thank You! If Hubby desires to keep pushing we will follow up with Representative. However, he is thoroughly worn out....and is rather discouraged about the long battles with VA. Since he's won some hard fought battles, he may decide to let all other sleeping dogs lie. If it were completely up to me, I would be like you Berta. I wouldn't allow any stone to remain unturned. Yet, Hubby's the one who has to call the shots about continuing or letting it be.

Berta, You are so very knowledgeable and well versed in Veteran's disabilities. And to that end, your insightful comments are invaluable. Respectfully, however, I am not referencing Remand Response of 2015 as you have referenced. I'm thinking that is why we are coming to a slightly different conclusion. You are referencing a BVA Decision of 2015 and I am referencing a BVA Decision of 2018.

Berta.......When did Dr Bash suggest that? . Veteran's Wife Response: Dr. Bash wrote his IMO on November 14, 2018, His suggestion about how to make sure the IMO was received was around that time period Berta........Did he also say to prepare a cover letter to them to explain the IMO and what happened after their remand? Veteran's Wife Response: He must have because I did so. Dr. Bash seemed confident, it was going to work out in the eventuality of it all that the right individual (s) were going to be in receipt. In backtracking to read over received VA Communications: (a) On September 30, 2018, notification that the Veteran had 90 days to submit any new evidence to support appeal at the BVA was received by the Veteran-My husband. During that time frame speaking with Dr. Bash explaining the situation regarding the needed IMO. Even though in bringing him up-to-date about the Veteran's background of the Service Connected Illness/conditions/diseases there was a multiplicity of reasons for needing an IMO. Yet, Dr. Bash cut to the chase to ferret out to pinpoint IMO needed for the Colon/rectal Cancer as indeed having an AO causation as well as to address individual unemployability. Dr. Bash also made a referral to us regarding a colleague to write an IMO for our son. Then, out of nowhere, (b) Lo and Behold, BVA renders a decision on October 25, 2018. I'd been out of town due to a death in the family when I returned, my husband showed me the letter dated October 25, 2018. (c) Upon reporting to Dr. Bash what had occurred, he encouraged us to send by mail and fax to BVA anyway. The 90 days wasn't up! when the IMO with explanation to that effect in that new evidence was being mailed/faxed to BVA because we were still within our 90 days even though BVA had rendered its decision too soon without giving the Veteran sufficient time to respond with new evidence! (d) What was so surreal when receiving the certified green card back it exhibited as if it were sent to Janesville, Wisconsin.....when it was mailed to Washington, DC. (e) On February 11, 2019; VA communication form Janesville, Wisconsin arrived stating the board of appeals remanded your appeal on October 25, 2018. *We made a decision on your entitlement to VA benefits continued 100% for Prostate Cancer from December 18, 2018; Original effective date for 100% for Prostate Cancer, July 6, 2015. *Evaluation of PTSD currently 30% has been increased 50% effective 12/18/2018 *Entitlement to individual unemployability is granted effective December 18, 2018 * No mention of IMO's. The green card exhibited Janestown Wisconsin was in receipt although it was mailed to BVA's Washington, D.C.'s address. Berta,.....If the BVA did not receive it in time, it could have been evidence for a NOD. Once the remand happened the RO then had jurisdiction over the claims. Veteran's Wife Response: I'm not 100 % certain of their/BVA nor Janestown's reasons for not responding to acknowledge receipt of IMO's . Yet, I am certain for the following reasons of challenge: In looking back over all VA Communications regading the BVA Appeal case beginning with the fact that My husband's a Purple heart Combat Veteran. According to 38 U.S.C. § 1154 - U.S. Code, more latitude is accorded for his lay statements as being "golden/the truth." I'm quoting Alex Graham/ASKNOD. I heard him speak on this same type matter on Had It Podcast. 38 U.S.C. § 1154 - U.S. Code - Unannotated Title 38. Veterans' Benefits § 1154. Consideration to be accorded time, place, and circumstances of service (a)  The Secretary shall include in the regulations pertaining to service-connection of disabilities (1) additional provisions in effect requiring that in each case where a veteran is seeking service-connection for any disability due consideration shall be given to the places, types, and circumstances of such veteran's service as shown by such veteran's service record, the official history of each organization in which such veteran served, such veteran's medical records, and all pertinent medical and lay evidence, and (2) the provisions required by section 5 of the Veterans' Dioxin and Radiation Exposure Compensation Standards Act ( Public Law 98-542 ;  98 Stat. 2727). (b)  In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran.  Service-connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary.  The reasons for granting or denying service-connection in each case shall be recorded in full. In the BVA Decision of Denial: My husband was undermined and subtlety ridiculed as "Not being competent to make/allege any disease or injury to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease." "The Board acknowledges the Veteran’s assertions that his cancer qualifies as a soft-tissue sarcoma; however, he is not competent to make such an assertion as it is clearly medically complex, and requires knowledge of the interaction between multiple organ systems." "The Veteran has not reported having experienced any symptoms of rectal cancer during the presumptive period and consistently since service." "He is not competent to provide a diagnosis in this case or determine that any observed symptoms were manifestations of rectal cancer." Also relying upon below: 38 CFR § 3.156 - New evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. (a) New and material evidence. For claims to reopen decided prior to the effective date provided in § 19.2(a), the following standards apply. A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence. New evidence is evidence not previously part of the actual record before agency adjudicators. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. (Authority: 38 U.S.C. 501, 5103A(f), 5108) Berta, this BVA Denial Decisions regarding my husband does seem to fit the cue.

Berta, Berta: "Perhaps the representative can re-open the claim with the IMO from Dr. Bash." Maybe a denial that could have been appealed ,on the Helpless Child can also be re -opened, with new and relevant evidence. Veteran's Wife Response: Definitely will bring the matter above as mentioned to the attention of our Representative. The Representative has an abundance of clients so things move a little slow, sometimes. Oh, by the way, Dr. Bash told us to also fax the IMO to attention of the Cheryl Mason. We did. We mailed and faxed the referred specialist's (referred by Dr. Bash) IMO as well. It almost seems like the detour to Wisconsin with no responses of all the great rebuttal evidence was by purposeful design. After while, all the nonsensical denials are overwhelming; driving one a little nutso! The last Remand granting positive response occurred in December 2018.......Increased PTSD from 30% to 50%. Also granting Unemployability. Denials occurred latter part of October 2018....too soon. Even though we had 90 days to respond from the first denial from the date of September 30, 2018. Berta: "I regret I have no further advice to offer." Veteran's Wife Response: Berta, please know that you've already offered immense advice! You serve as a wife of a Veteran's role model with your knowledge learned the hard way! Listening and reading about Your determination and tenacity to be an advocate for your deceased husband's maltreatment and misdiagnosis by the VA is a superb education in and of itself! Thank you!

Well, I believe he was inside the VA System. Would that be reason enough?

Berta, A lot of decisions made beneficial to my husband are long overdue Even though in my opinion, I believe he's been overlooked in a lot of areas. Yet my husband doesn't want to rock the boat. Since I'm just the wife and not the veteran unless he wants to push further, my hands are tied. The IMO written by Dr. Bash, seemingly as best we can tell RO were the recipients of the IMO. Which I thought odd since they were mailed to BVA in Washington DC. Yet the return Green Card was stamped/signed as having been in receipt by the Wisconsin Office. Berta....."I might have mentioned the local vet I got 100% P & T for under Section 1151." Veteran's Wife Response: Yes, I remember. Wife of Veteran response....Regarding 1151: We did write a letter detailing what occurred with my husband as an 1151assertion; complaining that there were irregularities and negligence during his operation; although we never filled a formalized 1151 complaint filing. I as the wife wrote a Layperson's observations of that fated day regarding the doctors' explanations to me, alarming me as not connecting quite right, The doctor's post surgery explanations occurred while my husband was still sleeping after surgery. My husband' remembers prior to the surgery it was so chaotic in the operating room that a feeling of doubt washed over him along with a foreboding instinct. We were additionally shook when going to after surgery counseling, we met with a completely new doctor who we'd never seen before and he mentioned the radiation had already zapped the cancer prior to the operation. My husband and I were both extremely upset because had my husband known this factor prior to surgery he wound have never gone through with the surgery. Long story short, we never filed an official 1151. just wrote a letter to that effect. We never received a response responding to our letter though. After reading about different varied circumstances in some instances filing an 1151 can work against the veteran. We didn't pursue vigorously other than the Letter we wrote asserting 1151. Berta....It seems your husband was advised of the potential negative consequences of the surgery- but then again, it sounded to me like the colon operation was done by the Keystone cops. Veteran's Wife Response: True he was advised the possibility existed that he could lose his sphincter. Yet, they told him, the odds that he wouldn't had a higher percentage. Then, upon finding out the surgery could have been avoided after the fact was what really angered my husband exacerbating his PTSD. Berta: Did Dr. Bash look into the 1151 aspect at all? If so was a claim filed specifically under 1151? Veteran's Wife Response: No, we did not include that 1151 matter. Just wanted an IMO for the Rectal Cancer being AO connected presumed or not. Berta.......Has he ever gotten any C & Ps at all per the remand? Veteran's Wife Response Yes. Done by a Nurse Practioner who wrote the denial response to VBA......Dr. Bash lit into that fact! "Has the letter from the doctor ever been prepared and sent to the VA?" Veteran's Wife Response: Yes. But the VA objected to find that Dr. Williams because he was not a specialist. Berta........"It seems to me that the July 2015 award letter should have taken note of the "helpless child" claim". Veteran's Wife Response: It was either ignored or denied at all times. Berta.....Can you scan and attach the award letter decision here-cover your husband's C file #,name, address prior to scanning it. Veteran's Wife Response: Please accept my apologies. I'm not at liberty to do so without hubby's permission. He is very private. I discuss matters as discreetly as possible because I learn though discussions to pass on learned information to him. Berta....What was done next- did you file a NOD? Veteran's Wife Response: No. Just waiting for further direction from our Representative. We have upcoming meeting coming up soon to hash out unresolved issues still pending.. Berta: :Did you again send them the IMO from Dr Bash? Veteran's Wife Response: Yes. Somehow it was sidetracked to be redirected/sent to Wisconsin although originally sent to BVA in Washington, DC. Berta-----Have you ever determined if the RO even got the IMO? Veteran's Wife Response: Yes, by green card having sent by certified mail return green card. Veteran's Wife Response; Planning to send again with next course of action decided by our Representative. Veteran's Wife Response: We have received responses growing from the Remand In December 2018.

Berta, Question: Do his medical records reveal no actual definitive diagnosis? Answer: Yes and No. The VA Doctor reports the diagnosis Monomelic Amyotrophy as a Motoneuron diagnosis being under the same Umbrella of Motoneuron conditions/illness just as ALS falls under the Motoneuron Umbrellas as well. No my husband/s records does not state Monomelic Amyotrophy is absolutely ALS; it states it as a variant and over time may develop further into full blown ALS,,,, Therefore continued careful observation of my husband's deteriorating/atrophy is needed as well any "emerging problems with swallowing". Yes. It's in my husband's VA Medical Records as I've basically verbatim reported above in my original notes. ALS is a presumptive illness for service condition......Seemingly, there's a body of existing evidence citing a wide variety of causes of SC. AO is thought to be one. The VA doctor did voice a good outside IMO doctor who would suffice if we decided to file a claim for Monomelic Amyotrophy being a Motoneuron Disease falling under the same umbrella of diseases as ALS; therefore being an ALS Variant . And so, the VA doctor did give me the name of a doctor who is astutely precise at writing Outside medical opinions that could define appropriately how the two diseases are related and how Monomelic Amyotroph is a variant of ALS The doctor is a Knowledgeable skillful Independent Medical Opinion Doctor who has succeeded at writing this type IMO when necessitated. I briefly spoke with him. The doctor was familiar with having written this type IMO previously. He spoke in exasperation of its difficultly; not impossible, thought; but, difficult. We would have to change representation for this particular doctor to write the type IMO needed. My husband nor I desired to change our representation. I'm planning on presenting this to our representative, again. She works slowly and methodically. I become somewhat impatient at times; but, I don't want to get ahead of her logic. .

We didn't file on ALS Variant due to the VA Doctor doing reserved careful talk. My Hubby is content with his rating at this point and doesn't want to rock the boat to file on other SC illnesses. He gets stressed and anxious during the filing and follow-up process having to endure being brow beat in proving/justifying your case. He went through Hell just trying to get his PTSD increase from 30% to 50%! Trying to get unemployability was pure Hell as well. My Hubby wears a Colonoscopy' bag resulting from his rectal cancer operation is 2012; he has lost use of his right hand (He's left-handed); right hand has a deformed shriveled appearance and his right arm has shriveled as well; shuffles when he walks. He receives every 90 day a shot for containing his Prostate Cancer. VA about every 6 months to a year was calling my husband in for an examination to determine whether he was cured from Prostate Cancer and to determine employability status (???). The VA Doctor finally wrote a letter stating that my husband was not going to be cured from Prostate Cancer during his lifetime nor was he employable! IMO for the Colorectal Cancer was submitted (Dr. Bash). The determination on the Remand was made too quickly prior to the 90 days to respond with new evidence once the first denial occurs. Our response with the IMO was submitted within the 90 days to respond with new evidence. Yet BVA's responding too quickly on the Remand, caused our new evidence IMO to get crossed in the mail. Our Representative says we have 2 years to still challenge BVA's error. No, my husband was not in Gulf War,. He's from the Vietnam War Era, He just turned 78 years old. No Cue's filed at this time.

My husband was eventually rated from from 30% PTSD to 50% PTSD, effective December 18, 2018....actually....it should have been retroactive to 2006. And, he was granted individual unemployability as of December 18, 2018; actually though, this was due retroactive to 2011. Our Representative is extremely methodically planning to address at a later date...hopefully soon. Regarding Monomelic Amyotrophy, VA Physician doesn't think it falls exactly squarely under ALS. Just remaining in a watchful state. Dr. still admits it falls under ALS variant. Remand still failed to Address my husband's first cancer Rectal Cancer as being presumptive to AO (Also referred to as Colorectal Cancer). Still unresolved.

My husband was eventually rated from from 30% PTSD to 50% PTSD, effective December 18, 2018....actually,, it should have been retroactive to 2006. And, he was granted individual unemployability as of December 18, 2018; actually though, this was due retroactive to 2011. Our Representative is extremely methodically planning to address at a later date...hopefully soon.

631a future exams? My husband received a FED EX packet desiring he come in to see the named doctor as indicated in the letter. It was noted in the letter that my husband was to report to a separate medical facility, not VA; yet, assigned by VA within the next few days (11/15/17) from the date he received the letter via FED EX.....Except it wasn't. a physical examination It was more of an inquiring discussion about his Prostate Cancer; erectile dysfunction specifically; diagnosed 2 1/2 years ago; as well as about (rectal colon cancer-2011) in general. In reviewing EBenefits; we noted something called: 631a future exams Control of Examinations (U.S. Department of Veterans Affairs) indicated on October 31, 2017 as a claim. Our Agent did not request it so it must have been VA initiated. (????) I googled 631a future exams. Seemingly, it has to do with determining: TDIU. The doctor mentioned that he believed the VA was trying to determine if my husband had been cured. Cured? He's not going to be cured. He's receiving Hormone shots every 6 months to contain the Prostate Cancer. Since he already had colon previously, rectal cancer, the VA doctors don't want to risk subjecting my husband with more radiation; particularly at his age (75). The VA doctors explained that the Hormone Shots are not a cure. It is a method in which to contain the cancer. Since beginning the regiment of the Hormone Therapy, remarkably his PSA has been kept low. The doctors told my husband if the Hormone Therapy ceases to be effective by showing that his PSA is rising out of control......then, at that point, they well have no choice but to intercede with radiation. So is the VA trying to determine TDIU or reduction? I read after age 55 and most definitely by the time a veteran is age 75, it violates a VA code for VA to keep scheduling exams on the same disability if the disability has persisted for 5 years or more. What does any one know about the purpose of 631a future exams?

Thanks for great insight!

"Has the letter from the doctor ever been prepared and sent to the VA?" Yes, Dr. Williams submitted letter. "It seems to me that the July 2015 award letter should have taken note of the "helpless child" claim". No, the July 2015 did not mention our son. Actually when my husband had some earlier encounters with the VA in mid to late 1990's regarding his PTSD, our son was referenced way back then. No action to address the claim was taken by the VA. That's why it was apart of the Appeal. To that effect, why do you think (your insight) the July 2015 letter should have made note of the claim about our son?

Have you heard anything at all, from the VARO on the remand or received any letters about what they still might need? No, have not heard from VARO regarding the remand or have not received any letters about what else still needed. Waiting to have a follow up discussion with Agent about new claims and adding new information to sure up appeal on denials as well as remanded issues. Denial of the Neuropathy to be connected to alcoholism has been a challenge. VA gets something in their heads and everyone who assesses the case chants the same reframe (prior to DM2 diagnosis). Yes......"After this remand it appears that the DMII claim was awarded as well as the 100% Prostate cancer."

Berta, I've inserted the referenced issues discussed previously regarding my husband's BVA Remand since May 2015. BVA Appeal on Remand since May 2015.docx

Got it! Thanks! God bless your friend and God bless you!